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Discussion Starter #1 (Edited)
LONG:
this is what happened around a yr ago,being new to the car scene etc i went for my first drive to bwcp (broadwater car park)with a group,of holdens (yes i know,thats my first mistake)also alot of imports etc.

anyways once down there the calais VN was sitting up my butt the whole time,then i went to go through the lane and a car came flying around so i stopped,whilst grabbing for a new gear thanx to my panick stopping,didnt put brake on and collected the front of the calais.
NOW this is what puzzles me he was only 1 maybe 2 feet off my rear end,and from a stop to 2 ft away the car would be lucky to move at more then 1 km/h (straight flat road-carpark)he pulls up 3minutes later and i come over to inspect the damage my tow ball managed to hit his plate and put a 2 inch split in front bar and bent the supports on his oil cooler we bent them back into place,i saw no leakage,and besides the split nothing else was touched.

WELL a YR nearly passes and he comes up to me in the same car park hands me a qoute
wait for it $1,460.80c(yet when i first saw he's car it had no grill a tiny dent near bonnet badge and left front light was outta whack)
my ford mates wanted to throttle him big time,he's mate says "now you seen it you have 30 days or legal action will be taken" i so wanted to throttle him so he pisses off.
any ways us ford blokes debate how such a small km/h impact with tow ball and bumper cause all this damage,this is what he's claiming for,
front bar assembly
rh and lh front headlights n indicators
fan shroud,radiator,ac condensor,oil cooler,bonnet hinges n assembly's,
radiator support
plus parts
front bar
paint for bumper
labour
all that for $1,460
he's lucky i was in a good mood or i would of shove the qoute in his BUTT :fraz: :fraz: :angel:
what ya think?
 

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Just give me an excuse...
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he hit the back of you its his fault..
 

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EA Falcon owner
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1,242 Posts
he has to follow you at a safe distance, if you have to emergency brake, and he is following to close and hits you then it's his fault.

p.s, i just asked my dad (he's in the insurance/smash repair industry) and he said that

1) he has 3 months to claim (after that tell him to f%#k off)**
2) car parks are different to the road but if he was following you too close it's his fault (tell him to f%#k off)
3) ask him to prove it. (pictures or his and your car, video of the incident, credible whitnesses)

so basically tell him to f%#k off lol.

Edit:** dad just checked his facts and said that there is no limit to how long the other guy has to claim, but he hasnt done it the right way.**
but anyway you should give him a quote for a new tow bar, after all he did run into you.
 

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AHAHAAHAHAHAHHAHAHAHAHAH

Mate!. This sounds like an open and shut case. He hit you? If that is the case...doesn't matter how fast or how slow you were going..he is at fault.

Get a quote for your rear damage and give him that quote instead.
 

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Discussion Starter #6
sorry if i didnt explain it right.
but he was sitting 2 ft off my rear end i went to grab a gear and rolled back those 2ft and hit my tow ball on his bumper.

still he only giving me 1 qoute,which was from a mates work shop (suprise suprise)the qoute was made 04/03 and it says this qoute is only valid for 60days(so its outta date anyways)he's had a accident cant claim for it,then i came along and he's rubbing his hands trying to rip me off..
see i saw his car had no grill and slight damage before the incident,so how do i know i did the damage at all?

all that stuff is for a front end change and at 1km/h to do all that,i dont think so..
he will be lucky to get 1 cent for it,he drove the car home with no problems yet he says he's oil coolers is buggered(B.S)he's front bar i can buy 1 (i aint though) for 100 (wreckers)i dunno if i did the damage or not,we did touch i felt the slight bump,but nothing like what he's saying..
HOLDEN:just holding together.(very true).
 

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Just give me an excuse...
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leglly he is still suppoosed to be 1 car length behind you. you cannot help it if you roll back.
 

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EA Falcon owner
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night lurker i corrected that, there isnt actually a limit on the amount of time, but after a year he's gonna have a hard time proving it

a quote from my original post
"Edit:** dad just checked his facts and said that there is no limit to how long the other guy has to claim, but he hasnt done it the right way.** "

and dad also said that the person behind is at fault (in a car park) unless the person infront is reversing.

so hoon69 did you have the car in reverse gear, or did it just roll back (im assuming it is a manual) when you grabbed a lower gear?? if it was in reverse then you are at fault if he was following you at a safe distance (which going by your posts HE WASN'T)

if the quote is only valid for 60 days (from ??/04/03)then he cant use it to claim (unless he lodged a claim within that 60 days, and if he did it's up to his insurance company to contact you/your insurance co., not him in person at a carpark lol.)
 

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Lord of the RC
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Sounds all to dodgy to me, simple fact is, he was still travelling to close to you, to allow you sufficient room in the event you may roll back which you did, you might be a little to blame, in the i8nsurance companies eyes, but he is really at fault for being to close to you

Claim is out of date, tell him to F*&k off ;) get a claim urself from a mate in the crash repair bus and give that to him, and again tell him to f&&k off
 

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Drives like a Grandad
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Bit of waffle from some of the responses.

Firstly, Hoon69 admits guilt and liability in his comment "...sorry if i didnt explain it right. But he was sitting 2 ft off my rear end i went to grab a gear and rolled back those 2ft and hit my tow ball on his bumper."

Having admitted guilt by either rolling back or engaging reverse and driving back hoon69 is responsible for any damage that occurred due to his negligence. He would be 'done' by the police for an appropriate offence and a conviction would be secured on the evidence presented - (Failutre to exercise proper control; due car and attention etc). (Statute of limitation prevents this from occurring after 12 months.)

Now, a civil matter does not require the same burdon of proof to prove who was at fault. hoon69 admits libaility as per the above comments.

The value of the damage is one that can be disputed. A crack in the bumper of most cars, VN Cdores included, is about the figure you quoted. The bumpers of most cars these days is about $700 + labour + painting + profit + carton of beer + the panel beater weekly BMW car payment etc.

Advice? Enter into some form of dispute resolution with him and wait until summonsed to the small claims tribunal. May never get that far - you never know.
 

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.au member
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it sounds to me like he's finally found a way he can afford that new front end he's always wanted for the thing - at your expense.

I had a similar incident in a carpark late last year, I reversed back and hit the front bumper of an Old Celica Coupe - like a realllllly old one that had been done up all nicely (still looked like crap tho) and was the owners pride and joy. Now while I was doing maybe 3km's max, I still managed to put a pretty little dint in the bumper and dislodge it, so this idiot was dumb enough to spin me a yarn the next day (after i had waited around after doing it to tell him i was sorry and that i would pay for any repairs etc, just the polite thing to do) that he'd taken his car to the Ford Dealer's panel shop the afternoon that it happened, and they said it was $600 worth of damage. It was just unfortunate for him that I happened to know everyone who works at that dealers, as well as the DP, and I went and checked his claims, turns out he had never brought the thing in there at all.

Needless to say, he got sweet F.A. outta me.
 

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Discussion Starter #12
admitting i rolled back 2ft and being the party at fault are two different things.(i never said "it was my fault")i said i admit to rolling back 2ft and hitting his bumper with my tow ball.(liable for what avoiding a accident then having to find a gear and manage a car up me butt)nuh doesnt fly with me.any court would see it otherwise.
oh undue care and attention johannesan Vs Zeller 1958 "due care and attention means that degree of care and attention that a reasonable and prudent driver would excercise in the circumstances which circumstances are in part created by the defendent driver.Lack of due care and attention need not amount to negligence toward another person but maybe a failure to excercise that degree of care and attention that a reasonable and prudent driver would excercise in looking after his own safety.(so looks like the crummydore would more likely be the one done for such a offence)
1)why was he 2ft of my bumper
2)how does half that stuff i listed amount to a 2ft 1km/h rub up off his front bar?
3)and i could buy a complete car for the amount his asking for,the retail on em is nearly of that price.
4)negligence is only if i put it into reverse which i never.(avoiding a accident isnt negligence)
if anything he is at fault,i stopped where i should of been he didnt he was too close full stop.

the only talks i will have with this bloke is,he's ripping me off,he's car looked dodgy with no grill a dent in the front and headlight outta place,yet after 1yr he's claiming for two headlights,geez a tow ball can now break a radiator shroud,a ac condenser(which is no where near the oil cooler)bonnet hinges (i hit his number plate not his bonnet)
the most would be like i said a front bar and paint,and oil cooler brackets thats it,we had 10 ppl check over that car yet on the night we found a slight bend on the oil cooler and the crack in the bumper(how do i know the crack was from me with prior damage dont to the vehicle before the incident)..
he said his insurance wont cover it,and i have to pay in full,(L.O.S)this sounds dodgy looks dodgy and i reckon im being charged for stuff not even relevent to the incident.
if this bloke thinks he'll get my $$$ thanx to him pranging his car up being stupid,well he better think again..
 

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Discussion Starter #13
i heard you can get a plastic weld done to cars? is this true.

also the qoute he has is from his mates work shop (wonder why its alot of $$$)my EA got right hand side cleaned up,most in this area to fix with front bar completely off and smashed clear indicator,panel beat radiator panel etc $900 with paint.
$500 without paint.

i know im being ripped off full stop.
 

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pR()rN_*
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Nope tell him to get stuffed.

Let him take it to court and don't admit or say anything just let the judge look at it.
Your "mate" most likely just thinks he can get something else at your expense.
Also if he see's an actual lawyer will most likly drop it cause it's not worth his expence to prove something like that.
Call the police as well because in some states you must report an accident with any damage likly to cost more than $1000 (some states it's $3000 I think) if thats the case then the max he can expect is $1000.

Even if you did role back
1)As said it's his responcibility to be 1 car lenghth behind you (the average is that you must be able to see where his rear tyres meet the ground over your bonnet)
2) You may take partial blame for it but I wouldn't pay more than 25% of what he wants because it's mainly his fault.

So was a police report made at all??

Of course you could just be a lieing scumm bag and deny it all and claim he either is talking about someone else or actully drove in to you.
I don't recommend that because while almost impossible if your caught your in lots of crap.
 

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Crazed Cone Chaser
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It sounds like more than a 1kmh rub of his bumper bar if you managed to dint the number plate and crack the bumper bar and bend the oil cooler supports.

I rolled into the back of a 99 camry at a set of traffic lights noticable bump when I did hit it, but absolutely no damage at all, not even a scratch in the paint work.
 

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BOFH
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he will get laughed out of court. Tell him to stick it up his shoot and you'll see him in court. It wont get that far anyhow.
 

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Discussion Starter #18
MADXF said:
It sounds like more than a 1kmh rub of his bumper bar if you managed to dint the number plate and crack the bumper bar and bend the oil cooler supports.

I rolled into the back of a 99 camry at a set of traffic lights noticable bump when I did hit it, but absolutely no damage at all, not even a scratch in the paint work.
it put a small dent,from the tow ball tip thats all,the oil cooler is located just behind the bumper thats how it bent it back a tadd..
i hit my neighbours VW van harder n at speed it left a dent hardly noticable,yet thanx to plastic crap,its split the bumper(above plate where grill would come down onto,that section is split)

as for insurance he went to his reckons they wont cover it,if you read the thread properly you'd see that even 3/4 of that stuff sits above or way behind the radiator,my tow ball hit flush dead centre of the number plate,how does it come to having lights replaced,shroud,all that crap..????? we were at a stand still 2 ft away in a car park with 600 other cars,it was nose to tail the whole way through always has been.
im getting a panel beater to have a look at it,and my mechanic,wait n see what they think about it..
he is kidding if he thinks he can take me for a ride for all that stuff,MAX would be a bumper and oil cooler if thats the case,but how is he still driving around on it if its broken and for a year,and still has the same damage (no grill etc)it had prior to the incident,he sounds like he's use to pranging his car,and thanx to our incident thinks he can put his mistakes onto my account..

YES HE WILL NOT SEE ANY OF MY MONEY! UNLESS HE PROVES FOR A FACT THAT I CAUSED ALL THE DAMAGE,SO IF HE WANTS I'LL C HIM IN COURT> :AAHHH:
 

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Death to Camry's!
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hoon69 - the issue isnt if you caused the damage, its the whose at fault factor. He has to leave you enough room in event of roll back, if he is too close and you hit him, stiff shit. Thats as simple as it gets. He was too close, his car got hit, and thats it.

Oh, and you don't report car accidents in Queensland unless $3000 or more damage was caused, or if someone was injured. (I know, I had a small accident in QLD and tried to report it because you MUST report ALL accidents in SA regardless of cost of damage, with in 48hrs otherwise you get a fine)
 

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Are we there yet?
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Did he lodge a police report about the incident?? He needed to do that within 7 days I think, not 12 months later. If you want, ask him for a case number, and if he doesnt give you one, you don't need to pay out.
 
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